Rep. Mary E. Flowers

Filed: 3/7/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 281

2    AMENDMENT NO. ______. Amend House Bill 281 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Administration of Psychotropic Medications
5to Children Act is amended by changing Section 5 and by adding
6Section 7 as follows:
 
7    (20 ILCS 535/5)
8    Sec. 5. Administration of psychotropic medications. On or
9before October 1, 2011, the Department of Children and Family
10Services shall promulgate final rules, amending its current
11rules establishing and maintaining standards and procedures to
12govern the administration of psychotropic medications. Such
13amendments to its rules shall include, but are not limited to,
14the following:
15    (a) The role of the Department in the administration of
16psychotropic medications to youth for whom it is legally

 

 

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1responsible and who are in facilities operated by the Illinois
2Department of Corrections or the Illinois Department of
3Juvenile Justice.
4    (b) Provisions regarding the administration of
5psychotropic medications for youth for whom the Department is
6legally responsible and who are in residential facilities,
7group homes, transitional living programs, or foster homes
8where the youth is under the age of 18 or where the youth is 18
9or older and has provided the Department with appropriate
10consent.
11    (b-5) Provisions requiring the Department to distribute
12treatment guidelines on an annual basis to all persons licensed
13under the Medical Practice Act of 1987 to practice medicine in
14all of its branches who prescribe psychotropic medications to
15youth for whom the Department is legally responsible.
16    (c) Provisions regarding the administration of
17psychotropic medications for youth for whom the Department is
18legally responsible and who are in psychiatric hospitals.
19    (d) Provisions concerning the emergency use of
20psychotropic medications, including appropriate and timely
21reporting.
22    (e) Provisions prohibiting the administration of
23psychotropic medications to persons for whom the Department is
24legally responsible as punishment for bad behavior, for the
25convenience of staff or caregivers, or as a substitute for
26adequate mental health care or other services.

 

 

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1    (f) The creation of a committee to develop, post on a
2website, and periodically review materials listing which
3psychotropic medications are approved for use with youth for
4whom the Department has legal responsibility. The materials
5shall include guidelines for the use of psychotropic
6medications and may include the acceptable range of dosages,
7contraindications, and time limits, if any, and such other
8topics necessary to ensure the safe and appropriate use of
9psychotropic medications.
10    (g) Provisions regarding the appointment, qualifications,
11and training of employees of the Department who are authorized
12to consent to the administration of psychotropic medications to
13youth for whom the Department has legal responsibility,
14including the scope of the authority of such persons.
15    (h) Provisions regarding training and materials for
16parents, foster parents, and relative caretakers concerning
17the rules governing the use of psychotropic medications with
18youth for whom the Department has legal responsibility.
19    (i) With respect to any youth under the age of 18 for whom
20the Department has legal responsibility and who does not assent
21to the administration of recommended psychotropic medication,
22provisions providing standards and procedures for reviewing
23the youth's concerns. With respect to any youth over the age of
2418 for whom the Department has legal responsibility and who
25does not consent to the administration of recommended
26psychotropic medication, provisions providing standards and

 

 

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1procedures for reviewing the youth's concerns upon the youth's
2request and with the youth's consent. Standards and procedures
3developed under this subsection shall not be inconsistent with
4the Mental Health and Developmental Disabilities Code.
5    (j) Provisions ensuring that, subject to all relevant
6confidentiality laws, service plans for youth for whom the
7Department has legal responsibility include the following
8information:
9        (1) Identification by name and dosage of the
10    psychotropic medication known by the Department to have
11    been administered to the youth since the last service plan.
12        (2) The benefits of the psychotropic medication.
13        (3) The negative side effects of the psychotropic
14    medication.
15(Source: P.A. 97-245, eff. 8-4-11.)
 
16    (20 ILCS 535/7 new)
17    Sec. 7. Annual reports on prescribing patterns.
18    (a) No later than December 31, 2018, and December 31 of
19each year thereafter, the Department shall prepare and submit
20an annual report, covering the previous fiscal year, to the
21General Assembly concerning the administration of psychotropic
22medication to youth for whom it is legally responsible. This
23report shall include, but is not limited to, pharmacy claims
24data for youth for whom the Department is legally responsible
25for each of the following:

 

 

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1        (1) The total number of youths with approved requests
2    for psychotropic medication during the reporting period.
3        (2) The youth categorized by age groups 0 through 6, 7
4    through 12, or 13 through 17 and further categorized by
5    gender and the number and type of medication prescribed.
6        (3) The number of physicians who have prescribed
7    psychotropic medication to youth for whom the Department is
8    legally responsible with consent of the guardian.
9        (4) The number of physicians who have prescribed
10    psychotropic medication to youth for whom the Department is
11    legally responsible without consent of the guardian.
12    Prior to the release of this data, personal identifiers,
13such as name, date of birth, address, and Social Security
14number, shall be removed and a unique identifier shall be
15submitted.
16    (b) For each youth who falls into one of the categories
17described in subsection (a), the Department shall maintain a
18record of the following information:
19        (1) a list of the psychotropic medications prescribed;
20        (2) the consent date for each psychotropic medication
21    prescribed;
22        (3) the prescriber's name and contact information;
23        (4) the youth's year of birth;
24        (5) the diagnoses received on each youth; and
25        (6) the youth's weight.
26    (c) The Department may contract for consulting services

 

 

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1from, if available, a psychiatrist who has expertise and
2specializes in pediatric care for the purpose of reviewing the
3data provided to the General Assembly in subsection (a).
4    (d) Using information gathered from subsection (a), the
5Department shall analyze prescribing patterns by population
6for youth for whom it is legally responsible.
7        
 
8    Section 10. The Medical Practice Act of 1987 is amended by
9changing Section 22 as follows:
 
10    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
11    (Section scheduled to be repealed on December 31, 2017)
12    Sec. 22. Disciplinary action.
13    (A) The Department may revoke, suspend, place on probation,
14reprimand, refuse to issue or renew, or take any other
15disciplinary or non-disciplinary action as the Department may
16deem proper with regard to the license or permit of any person
17issued under this Act, including imposing fines not to exceed
18$10,000 for each violation, upon any of the following grounds:
19        (1) Performance of an elective abortion in any place,
20    locale, facility, or institution other than:
21            (a) a facility licensed pursuant to the Ambulatory
22        Surgical Treatment Center Act;
23            (b) an institution licensed under the Hospital
24        Licensing Act;

 

 

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1            (c) an ambulatory surgical treatment center or
2        hospitalization or care facility maintained by the
3        State or any agency thereof, where such department or
4        agency has authority under law to establish and enforce
5        standards for the ambulatory surgical treatment
6        centers, hospitalization, or care facilities under its
7        management and control;
8            (d) ambulatory surgical treatment centers,
9        hospitalization or care facilities maintained by the
10        Federal Government; or
11            (e) ambulatory surgical treatment centers,
12        hospitalization or care facilities maintained by any
13        university or college established under the laws of
14        this State and supported principally by public funds
15        raised by taxation.
16        (2) Performance of an abortion procedure in a wilful
17    and wanton manner on a woman who was not pregnant at the
18    time the abortion procedure was performed.
19        (3) A plea of guilty or nolo contendere, finding of
20    guilt, jury verdict, or entry of judgment or sentencing,
21    including, but not limited to, convictions, preceding
22    sentences of supervision, conditional discharge, or first
23    offender probation, under the laws of any jurisdiction of
24    the United States of any crime that is a felony.
25        (4) Gross negligence in practice under this Act.
26        (5) Engaging in dishonorable, unethical or

 

 

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1    unprofessional conduct of a character likely to deceive,
2    defraud or harm the public.
3        (6) Obtaining any fee by fraud, deceit, or
4    misrepresentation.
5        (7) Habitual or excessive use or abuse of drugs defined
6    in law as controlled substances, of alcohol, or of any
7    other substances which results in the inability to practice
8    with reasonable judgment, skill or safety.
9        (8) Practicing under a false or, except as provided by
10    law, an assumed name.
11        (9) Fraud or misrepresentation in applying for, or
12    procuring, a license under this Act or in connection with
13    applying for renewal of a license under this Act.
14        (10) Making a false or misleading statement regarding
15    their skill or the efficacy or value of the medicine,
16    treatment, or remedy prescribed by them at their direction
17    in the treatment of any disease or other condition of the
18    body or mind.
19        (11) Allowing another person or organization to use
20    their license, procured under this Act, to practice.
21        (12) Adverse action taken by another state or
22    jurisdiction against a license or other authorization to
23    practice as a medical doctor, doctor of osteopathy, doctor
24    of osteopathic medicine or doctor of chiropractic, a
25    certified copy of the record of the action taken by the
26    other state or jurisdiction being prima facie evidence

 

 

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1    thereof. This includes any adverse action taken by a State
2    or federal agency that prohibits a medical doctor, doctor
3    of osteopathy, doctor of osteopathic medicine, or doctor of
4    chiropractic from providing services to the agency's
5    participants.
6        (13) Violation of any provision of this Act or of the
7    Medical Practice Act prior to the repeal of that Act, or
8    violation of the rules, or a final administrative action of
9    the Secretary, after consideration of the recommendation
10    of the Disciplinary Board.
11        (14) Violation of the prohibition against fee
12    splitting in Section 22.2 of this Act.
13        (15) A finding by the Disciplinary Board that the
14    registrant after having his or her license placed on
15    probationary status or subjected to conditions or
16    restrictions violated the terms of the probation or failed
17    to comply with such terms or conditions.
18        (16) Abandonment of a patient.
19        (17) Prescribing, selling, administering,
20    distributing, giving or self-administering any drug
21    classified as a controlled substance (designated product)
22    or narcotic for other than medically accepted therapeutic
23    purposes.
24        (18) Promotion of the sale of drugs, devices,
25    appliances or goods provided for a patient in such manner
26    as to exploit the patient for financial gain of the

 

 

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1    physician.
2        (19) Offering, undertaking or agreeing to cure or treat
3    disease by a secret method, procedure, treatment or
4    medicine, or the treating, operating or prescribing for any
5    human condition by a method, means or procedure which the
6    licensee refuses to divulge upon demand of the Department.
7        (20) Immoral conduct in the commission of any act
8    including, but not limited to, commission of an act of
9    sexual misconduct related to the licensee's practice.
10        (21) Wilfully making or filing false records or reports
11    in his or her practice as a physician, including, but not
12    limited to, false records to support claims against the
13    medical assistance program of the Department of Healthcare
14    and Family Services (formerly Department of Public Aid)
15    under the Illinois Public Aid Code.
16        (22) Wilful omission to file or record, or wilfully
17    impeding the filing or recording, or inducing another
18    person to omit to file or record, medical reports as
19    required by law, or wilfully failing to report an instance
20    of suspected abuse or neglect as required by law.
21        (23) Being named as a perpetrator in an indicated
22    report by the Department of Children and Family Services
23    under the Abused and Neglected Child Reporting Act, and
24    upon proof by clear and convincing evidence that the
25    licensee has caused a child to be an abused child or
26    neglected child as defined in the Abused and Neglected

 

 

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1    Child Reporting Act.
2        (24) Solicitation of professional patronage by any
3    corporation, agents or persons, or profiting from those
4    representing themselves to be agents of the licensee.
5        (25) Gross and wilful and continued overcharging for
6    professional services, including filing false statements
7    for collection of fees for which services are not rendered,
8    including, but not limited to, filing such false statements
9    for collection of monies for services not rendered from the
10    medical assistance program of the Department of Healthcare
11    and Family Services (formerly Department of Public Aid)
12    under the Illinois Public Aid Code.
13        (26) A pattern of practice or other behavior which
14    demonstrates incapacity or incompetence to practice under
15    this Act.
16        (27) Mental illness or disability which results in the
17    inability to practice under this Act with reasonable
18    judgment, skill or safety.
19        (28) Physical illness, including, but not limited to,
20    deterioration through the aging process, or loss of motor
21    skill which results in a physician's inability to practice
22    under this Act with reasonable judgment, skill or safety.
23        (29) Cheating on or attempt to subvert the licensing
24    examinations administered under this Act.
25        (30) Wilfully or negligently violating the
26    confidentiality between physician and patient except as

 

 

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1    required by law.
2        (31) The use of any false, fraudulent, or deceptive
3    statement in any document connected with practice under
4    this Act.
5        (32) Aiding and abetting an individual not licensed
6    under this Act in the practice of a profession licensed
7    under this Act.
8        (33) Violating state or federal laws or regulations
9    relating to controlled substances, legend drugs, or
10    ephedra as defined in the Ephedra Prohibition Act.
11        (34) Failure to report to the Department any adverse
12    final action taken against them by another licensing
13    jurisdiction (any other state or any territory of the
14    United States or any foreign state or country), by any peer
15    review body, by any health care institution, by any
16    professional society or association related to practice
17    under this Act, by any governmental agency, by any law
18    enforcement agency, or by any court for acts or conduct
19    similar to acts or conduct which would constitute grounds
20    for action as defined in this Section.
21        (35) Failure to report to the Department surrender of a
22    license or authorization to practice as a medical doctor, a
23    doctor of osteopathy, a doctor of osteopathic medicine, or
24    doctor of chiropractic in another state or jurisdiction, or
25    surrender of membership on any medical staff or in any
26    medical or professional association or society, while

 

 

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1    under disciplinary investigation by any of those
2    authorities or bodies, for acts or conduct similar to acts
3    or conduct which would constitute grounds for action as
4    defined in this Section.
5        (36) Failure to report to the Department any adverse
6    judgment, settlement, or award arising from a liability
7    claim related to acts or conduct similar to acts or conduct
8    which would constitute grounds for action as defined in
9    this Section.
10        (37) Failure to provide copies of medical records as
11    required by law.
12        (38) Failure to furnish the Department, its
13    investigators or representatives, relevant information,
14    legally requested by the Department after consultation
15    with the Chief Medical Coordinator or the Deputy Medical
16    Coordinator.
17        (39) Violating the Health Care Worker Self-Referral
18    Act.
19        (40) Willful failure to provide notice when notice is
20    required under the Parental Notice of Abortion Act of 1995.
21        (41) Failure to establish and maintain records of
22    patient care and treatment as required by this law.
23        (42) Entering into an excessive number of written
24    collaborative agreements with licensed advanced practice
25    nurses resulting in an inability to adequately
26    collaborate.

 

 

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1        (43) Repeated failure to adequately collaborate with a
2    licensed advanced practice nurse.
3        (44) Violating the Compassionate Use of Medical
4    Cannabis Pilot Program Act.
5        (45) Entering into an excessive number of written
6    collaborative agreements with licensed prescribing
7    psychologists resulting in an inability to adequately
8    collaborate.
9        (46) Repeated failure to adequately collaborate with a
10    licensed prescribing psychologist.
11        (47) Repeated acts of clearly excessive prescribing,
12    furnishing, or administering psychotropic medications to a
13    minor without a good faith prior examination of the patient
14    and medical reason therefor.
15    Except for actions involving the ground numbered (26), all
16proceedings to suspend, revoke, place on probationary status,
17or take any other disciplinary action as the Department may
18deem proper, with regard to a license on any of the foregoing
19grounds, must be commenced within 5 years next after receipt by
20the Department of a complaint alleging the commission of or
21notice of the conviction order for any of the acts described
22herein. Except for the grounds numbered (8), (9), (26), and
23(29), no action shall be commenced more than 10 years after the
24date of the incident or act alleged to have violated this
25Section. For actions involving the ground numbered (26), a
26pattern of practice or other behavior includes all incidents

 

 

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1alleged to be part of the pattern of practice or other behavior
2that occurred, or a report pursuant to Section 23 of this Act
3received, within the 10-year period preceding the filing of the
4complaint. In the event of the settlement of any claim or cause
5of action in favor of the claimant or the reduction to final
6judgment of any civil action in favor of the plaintiff, such
7claim, cause of action or civil action being grounded on the
8allegation that a person licensed under this Act was negligent
9in providing care, the Department shall have an additional
10period of 2 years from the date of notification to the
11Department under Section 23 of this Act of such settlement or
12final judgment in which to investigate and commence formal
13disciplinary proceedings under Section 36 of this Act, except
14as otherwise provided by law. The time during which the holder
15of the license was outside the State of Illinois shall not be
16included within any period of time limiting the commencement of
17disciplinary action by the Department.
18    The entry of an order or judgment by any circuit court
19establishing that any person holding a license under this Act
20is a person in need of mental treatment operates as a
21suspension of that license. That person may resume their
22practice only upon the entry of a Departmental order based upon
23a finding by the Disciplinary Board that they have been
24determined to be recovered from mental illness by the court and
25upon the Disciplinary Board's recommendation that they be
26permitted to resume their practice.

 

 

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1    The Department may refuse to issue or take disciplinary
2action concerning the license of any person who fails to file a
3return, or to pay the tax, penalty or interest shown in a filed
4return, or to pay any final assessment of tax, penalty or
5interest, as required by any tax Act administered by the
6Illinois Department of Revenue, until such time as the
7requirements of any such tax Act are satisfied as determined by
8the Illinois Department of Revenue.
9    The Department, upon the recommendation of the
10Disciplinary Board, shall adopt rules which set forth standards
11to be used in determining:
12        (a) when a person will be deemed sufficiently
13    rehabilitated to warrant the public trust;
14        (b) what constitutes dishonorable, unethical or
15    unprofessional conduct of a character likely to deceive,
16    defraud, or harm the public;
17        (c) what constitutes immoral conduct in the commission
18    of any act, including, but not limited to, commission of an
19    act of sexual misconduct related to the licensee's
20    practice; and
21        (d) what constitutes gross negligence in the practice
22    of medicine.
23    However, no such rule shall be admissible into evidence in
24any civil action except for review of a licensing or other
25disciplinary action under this Act.
26    In enforcing this Section, the Disciplinary Board or the

 

 

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1Licensing Board, upon a showing of a possible violation, may
2compel, in the case of the Disciplinary Board, any individual
3who is licensed to practice under this Act or holds a permit to
4practice under this Act, or, in the case of the Licensing
5Board, any individual who has applied for licensure or a permit
6pursuant to this Act, to submit to a mental or physical
7examination and evaluation, or both, which may include a
8substance abuse or sexual offender evaluation, as required by
9the Licensing Board or Disciplinary Board and at the expense of
10the Department. The Disciplinary Board or Licensing Board shall
11specifically designate the examining physician licensed to
12practice medicine in all of its branches or, if applicable, the
13multidisciplinary team involved in providing the mental or
14physical examination and evaluation, or both. The
15multidisciplinary team shall be led by a physician licensed to
16practice medicine in all of its branches and may consist of one
17or more or a combination of physicians licensed to practice
18medicine in all of its branches, licensed chiropractic
19physicians, licensed clinical psychologists, licensed clinical
20social workers, licensed clinical professional counselors, and
21other professional and administrative staff. Any examining
22physician or member of the multidisciplinary team may require
23any person ordered to submit to an examination and evaluation
24pursuant to this Section to submit to any additional
25supplemental testing deemed necessary to complete any
26examination or evaluation process, including, but not limited

 

 

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1to, blood testing, urinalysis, psychological testing, or
2neuropsychological testing. The Disciplinary Board, the
3Licensing Board, or the Department may order the examining
4physician or any member of the multidisciplinary team to
5provide to the Department, the Disciplinary Board, or the
6Licensing Board any and all records, including business
7records, that relate to the examination and evaluation,
8including any supplemental testing performed. The Disciplinary
9Board, the Licensing Board, or the Department may order the
10examining physician or any member of the multidisciplinary team
11to present testimony concerning this examination and
12evaluation of the licensee, permit holder, or applicant,
13including testimony concerning any supplemental testing or
14documents relating to the examination and evaluation. No
15information, report, record, or other documents in any way
16related to the examination and evaluation shall be excluded by
17reason of any common law or statutory privilege relating to
18communication between the licensee, permit holder, or
19applicant and the examining physician or any member of the
20multidisciplinary team. No authorization is necessary from the
21licensee, permit holder, or applicant ordered to undergo an
22evaluation and examination for the examining physician or any
23member of the multidisciplinary team to provide information,
24reports, records, or other documents or to provide any
25testimony regarding the examination and evaluation. The
26individual to be examined may have, at his or her own expense,

 

 

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1another physician of his or her choice present during all
2aspects of the examination. Failure of any individual to submit
3to mental or physical examination and evaluation, or both, when
4directed, shall result in an automatic suspension, without
5hearing, until such time as the individual submits to the
6examination. If the Disciplinary Board or Licensing Board finds
7a physician unable to practice following an examination and
8evaluation because of the reasons set forth in this Section,
9the Disciplinary Board or Licensing Board shall require such
10physician to submit to care, counseling, or treatment by
11physicians, or other health care professionals, approved or
12designated by the Disciplinary Board, as a condition for
13issued, continued, reinstated, or renewed licensure to
14practice. Any physician, whose license was granted pursuant to
15Sections 9, 17, or 19 of this Act, or, continued, reinstated,
16renewed, disciplined or supervised, subject to such terms,
17conditions or restrictions who shall fail to comply with such
18terms, conditions or restrictions, or to complete a required
19program of care, counseling, or treatment, as determined by the
20Chief Medical Coordinator or Deputy Medical Coordinators,
21shall be referred to the Secretary for a determination as to
22whether the licensee shall have their license suspended
23immediately, pending a hearing by the Disciplinary Board. In
24instances in which the Secretary immediately suspends a license
25under this Section, a hearing upon such person's license must
26be convened by the Disciplinary Board within 15 days after such

 

 

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1suspension and completed without appreciable delay. The
2Disciplinary Board shall have the authority to review the
3subject physician's record of treatment and counseling
4regarding the impairment, to the extent permitted by applicable
5federal statutes and regulations safeguarding the
6confidentiality of medical records.
7    An individual licensed under this Act, affected under this
8Section, shall be afforded an opportunity to demonstrate to the
9Disciplinary Board that they can resume practice in compliance
10with acceptable and prevailing standards under the provisions
11of their license.
12    The Department may promulgate rules for the imposition of
13fines in disciplinary cases, not to exceed $10,000 for each
14violation of this Act. Fines may be imposed in conjunction with
15other forms of disciplinary action, but shall not be the
16exclusive disposition of any disciplinary action arising out of
17conduct resulting in death or injury to a patient. Any funds
18collected from such fines shall be deposited in the Illinois
19State Medical Disciplinary Fund.
20    All fines imposed under this Section shall be paid within
2160 days after the effective date of the order imposing the fine
22or in accordance with the terms set forth in the order imposing
23the fine.
24    (B) The Department shall revoke the license or permit
25issued under this Act to practice medicine or a chiropractic
26physician who has been convicted a second time of committing

 

 

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1any felony under the Illinois Controlled Substances Act or the
2Methamphetamine Control and Community Protection Act, or who
3has been convicted a second time of committing a Class 1 felony
4under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
5person whose license or permit is revoked under this subsection
6B shall be prohibited from practicing medicine or treating
7human ailments without the use of drugs and without operative
8surgery.
9    (C) The Department shall not revoke, suspend, place on
10probation, reprimand, refuse to issue or renew, or take any
11other disciplinary or non-disciplinary action against the
12license or permit issued under this Act to practice medicine to
13a physician based solely upon the recommendation of the
14physician to an eligible patient regarding, or prescription
15for, or treatment with, an investigational drug, biological
16product, or device.
17    (D) The Disciplinary Board shall recommend to the
18Department civil penalties and any other appropriate
19discipline in disciplinary cases when the Board finds that a
20physician willfully performed an abortion with actual
21knowledge that the person upon whom the abortion has been
22performed is a minor or an incompetent person without notice as
23required under the Parental Notice of Abortion Act of 1995.
24Upon the Board's recommendation, the Department shall impose,
25for the first violation, a civil penalty of $1,000 and for a
26second or subsequent violation, a civil penalty of $5,000.

 

 

10000HB0281ham001- 22 -LRB100 00019 SMS 22533 a

1(Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14;
298-1140, eff. 12-30-14; 99-270, eff. 1-1-16; 99-933, eff.
31-27-17.)".